Full Text of SB2837 97th General Assembly
SB2837eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning the Secretary of State.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Identification Card Act is amended | 5 | | by changing Sections 4, 5, and 11 as follows:
| 6 | | (15 ILCS 335/4) (from Ch. 124, par. 24)
| 7 | | Sec. 4. Identification Card.
| 8 | | (a) The Secretary of State shall issue a
standard Illinois | 9 | | Identification Card to any natural person who is a resident
of | 10 | | the State of Illinois who applies for such card, or renewal | 11 | | thereof,
or who applies for a standard Illinois Identification | 12 | | Card upon release as a
committed person on parole, mandatory | 13 | | supervised release, final discharge, or
pardon from the | 14 | | Department of Corrections by submitting an identification card
| 15 | | issued by the Department of Corrections under Section 3-14-1 of | 16 | | the Unified
Code of Corrections,
together with the prescribed | 17 | | fees. No identification card shall be issued to any person who | 18 | | holds a valid
foreign state
identification card, license, or | 19 | | permit unless the person first surrenders to
the Secretary of
| 20 | | State the valid foreign state identification card, license, or | 21 | | permit. The card shall be prepared and
supplied by the | 22 | | Secretary of State and shall include a photograph and signature | 23 | | or mark of the
applicant. However, the Secretary of State may |
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| 1 | | provide by rule for the issuance of Illinois Identification | 2 | | Cards without photographs if the applicant has a bona fide | 3 | | religious objection to being photographed or to the display of | 4 | | his or her photograph. The Illinois Identification Card may be | 5 | | used for
identification purposes in any lawful situation only | 6 | | by the person to
whom it was issued.
As used in this Act, | 7 | | "photograph" means any color photograph or digitally
produced | 8 | | and captured image of an applicant for an identification card. | 9 | | As
used in this Act, "signature" means the name of a person as | 10 | | written by that
person and captured in a manner acceptable to | 11 | | the Secretary of State. | 12 | | (a-5) If an applicant for an identification card has a | 13 | | current driver's license or instruction permit issued by the | 14 | | Secretary of State, the Secretary may require the applicant to | 15 | | utilize the same residence address and name on the | 16 | | identification card, driver's license, and instruction permit | 17 | | records maintained by the Secretary. The Secretary may | 18 | | promulgate rules to implement this provision.
| 19 | | (b) The Secretary of State shall issue a special Illinois
| 20 | | Identification Card, which shall be known as an Illinois | 21 | | Disabled Person
Identification Card, to any natural person who | 22 | | is a resident of the State
of Illinois, who is a disabled | 23 | | person as defined in Section 4A of this Act,
who applies for | 24 | | such card, or renewal thereof. No Disabled Person | 25 | | Identification Card shall be issued to any person who
holds a | 26 | | valid
foreign state identification card, license, or permit |
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| 1 | | unless the person first
surrenders to the
Secretary of State | 2 | | the valid foreign state identification card, license, or
| 3 | | permit. The Secretary of State
shall charge no fee to issue | 4 | | such card. The card shall be prepared and
supplied by the | 5 | | Secretary of State, and shall include a photograph and | 6 | | signature or mark of the
applicant, a designation indicating | 7 | | that the card is an Illinois Disabled
Person Identification | 8 | | Card, and shall include a comprehensible designation
of the | 9 | | type and classification of the applicant's disability as set | 10 | | out in
Section 4A of this Act. However, the Secretary of State | 11 | | may provide by rule for the issuance of Illinois Disabled | 12 | | Person Identification Cards without photographs if the | 13 | | applicant has a bona fide religious objection to being | 14 | | photographed or to the display of his or her photograph. If the | 15 | | applicant so requests, the card shall
include a description of | 16 | | the applicant's disability and any information
about the | 17 | | applicant's disability or medical history which the Secretary
| 18 | | determines would be helpful to the applicant in securing | 19 | | emergency medical
care. If a mark is used in lieu of a | 20 | | signature, such mark
shall be affixed to the card in the | 21 | | presence of two witnesses who attest to
the authenticity of the | 22 | | mark. The Illinois
Disabled Person Identification Card may be | 23 | | used for identification purposes
in any lawful situation by the | 24 | | person to whom it was issued.
| 25 | | The Illinois Disabled Person Identification Card may be | 26 | | used as adequate
documentation of disability in lieu of a |
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| 1 | | physician's determination of
disability, a determination of | 2 | | disability from a physician assistant who has
been delegated | 3 | | the authority to make this determination by his or her
| 4 | | supervising physician, a determination of disability from an | 5 | | advanced practice
nurse who has a written collaborative | 6 | | agreement with a collaborating physician
that
authorizes the | 7 | | advanced practice nurse to make this determination, or any
| 8 | | other documentation
of disability whenever
any
State law
| 9 | | requires that a disabled person provide such documentation of | 10 | | disability,
however an Illinois Disabled Person Identification | 11 | | Card shall not qualify
the cardholder to participate in any | 12 | | program or to receive any benefit
which is not available to all | 13 | | persons with like disabilities.
Notwithstanding any other | 14 | | provisions of law, an Illinois Disabled Person
Identification | 15 | | Card, or evidence that the Secretary of State has issued an
| 16 | | Illinois Disabled Person Identification Card, shall not be used | 17 | | by any
person other than the person named on such card to prove | 18 | | that the person
named on such card is a disabled person or for | 19 | | any other purpose unless the
card is used for the benefit of | 20 | | the person named on such card, and the
person named on such | 21 | | card consents to such use at the time the card is so used.
| 22 | | An optometrist's determination of a visual disability | 23 | | under Section 4A of this Act is acceptable as documentation for | 24 | | the purpose of issuing an Illinois Disabled Person | 25 | | Identification Card. | 26 | | When medical information is contained on an Illinois |
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| 1 | | Disabled Person
Identification Card, the Office of the | 2 | | Secretary of State shall not be
liable for any actions taken | 3 | | based upon that medical information.
| 4 | | (c) Beginning January 1, 1986, the Secretary of State shall | 5 | | provide
that each original or renewal Illinois Identification | 6 | | Card or Illinois
Disabled Person Identification Card issued to | 7 | | a person under the age of 21,
shall be of a distinct nature | 8 | | from those Illinois Identification Cards or
Illinois Disabled | 9 | | Person Identification Cards issued to individuals 21
years of | 10 | | age or older. The color designated for Illinois Identification
| 11 | | Cards or Illinois Disabled Person Identification Cards for | 12 | | persons under
the age of 21 shall be at the discretion of the | 13 | | Secretary of State.
| 14 | | (c-1) Beginning January 1, 2003, each original or renewal | 15 | | Illinois
Identification Card or Illinois Disabled Person | 16 | | Identification Card issued to
a person under the age of 21 | 17 | | shall display the date upon which the person
becomes 18 years | 18 | | of age and the date upon which the person becomes 21 years of
| 19 | | age.
| 20 | | (c-5) The Secretary of State shall designate a space on | 21 | | each original or renewal identification card where, at the | 22 | | request of the applicant, the word "veteran" shall be placed. | 23 | | The veteran designation shall be available to a person | 24 | | identified as a veteran under subsection (b) of Section 5 of | 25 | | this Act who was discharged or separated under honorable | 26 | | conditions. |
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| 1 | | (d) The Secretary of State may issue a Senior Citizen
| 2 | | discount card, to any natural person who is a resident of the | 3 | | State of
Illinois who is 60 years of age or older and who | 4 | | applies for such a card or
renewal thereof. The Secretary of | 5 | | State shall charge no fee to issue such
card. The card shall be | 6 | | issued in every county and applications shall be
made available | 7 | | at, but not limited to, nutrition sites, senior citizen
centers | 8 | | and Area Agencies on Aging. The applicant, upon receipt of such
| 9 | | card and prior to its use for any purpose, shall have affixed | 10 | | thereon in
the space provided therefor his signature or mark.
| 11 | | (e) The Secretary of State, in his or her discretion, may | 12 | | designate on each Illinois
Identification Card or Illinois | 13 | | Disabled Person Identification Card a space where the card | 14 | | holder may place a sticker or decal, issued by the Secretary of | 15 | | State, of uniform size as the Secretary may specify, that shall | 16 | | indicate in appropriate language that the card holder has | 17 | | renewed his or her Illinois
Identification Card or Illinois | 18 | | Disabled Person Identification Card. | 19 | | (Source: P.A. 96-146, eff. 1-1-10; 96-328, eff. 8-11-09; | 20 | | 96-1231, eff. 7-23-10; 97-371, eff. 1-1-12.)
| 21 | | (15 ILCS 335/5) (from Ch. 124, par. 25)
| 22 | | Sec. 5. Applications. | 23 | | (a) Any natural person who is a resident of the
State of | 24 | | Illinois, may file an application for an identification card or | 25 | | for
the renewal thereof, in a manner prescribed by the |
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| 1 | | Secretary. Each original application
shall be completed by the | 2 | | applicant in full and shall set forth the legal
name,
residence | 3 | | address and zip code, social security number, birth date, sex | 4 | | and
a brief
description of the applicant. The applicant shall | 5 | | be photographed, unless the Secretary of State has provided by | 6 | | rule for the issuance of identification cards without | 7 | | photographs and the applicant is deemed eligible for an | 8 | | identification card without a photograph under the terms and | 9 | | conditions imposed by the Secretary of State, and he
or she | 10 | | shall also submit any other information as the Secretary may | 11 | | deem necessary
or such documentation as the Secretary may | 12 | | require to determine the
identity of the applicant. In addition | 13 | | to the residence address, the Secretary may allow the applicant | 14 | | to provide a mailing address. An applicant for a disabled | 15 | | persons card must
also submit with each original or renewal | 16 | | application, on forms prescribed
by the Secretary, such | 17 | | documentation as the Secretary may require,
establishing that | 18 | | the applicant is a "disabled person" as defined in
Section 4A | 19 | | of this Act, and setting forth the applicant's type and class | 20 | | of
disability as set forth in Section 4A of this Act.
| 21 | | (b) For each original or renewal identification card | 22 | | application under this Act, the Secretary shall inquire as to | 23 | | whether the applicant is a veteran for purposes of issuing an | 24 | | identification card with a veteran designation under | 25 | | subsection (c-5) of Section 4 of this Act. The acceptable forms | 26 | | of proof shall include, but are not limited to, Department of |
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| 1 | | Defense form DD-214. The Secretary shall determine by rule what | 2 | | other forms of proof of a person's status as a veteran are | 3 | | acceptable. | 4 | | For purposes of this subsection (b): | 5 | | "Active duty" means active duty under an executive order of | 6 | | the President of the United States, an Act of the Congress of | 7 | | the United States, or an order of the Governor. | 8 | | "Armed forces" means any of the Armed Forces of the United | 9 | | States, including a member of any reserve component or National | 10 | | Guard unit called to active duty. | 11 | | "Veteran" means a person who has served on active duty in | 12 | | the armed forces and was discharged or separated under | 13 | | honorable conditions. | 14 | | (Source: P.A. 96-1231, eff. 7-23-10; 97-371, eff. 1-1-12.)
| 15 | | (15 ILCS 335/11) (from Ch. 124, par. 31)
| 16 | | Sec. 11. The Secretary may make a search of his records and | 17 | | furnish
information as to whether a person has a current | 18 | | Standard Illinois
Identification Card or an Illinois Disabled | 19 | | Person Identification Card then on
file, upon receipt of a | 20 | | written application therefor accompanied with the
prescribed | 21 | | fee. However, the Secretary may not disclose medical
| 22 | | information concerning an individual to any person, public | 23 | | agency, private
agency, corporation or governmental body | 24 | | unless the individual has
submitted a written request for the | 25 | | information or unless the individual
has given prior written |
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| 1 | | consent for the release of the information to a
specific person | 2 | | or entity. This exception shall not apply to: (1) offices
and | 3 | | employees of the Secretary who have a need to know the medical
| 4 | | information in performance of their official duties, or (2) | 5 | | orders of a
court of competent jurisdiction. When medical | 6 | | information is disclosed by
the Secretary in accordance with | 7 | | the provisions of this Section, no
liability shall rest with | 8 | | the Office of the Secretary of State as the
information is | 9 | | released for informational purposes only. | 10 | | The Secretary may release personally identifying | 11 | | information or highly restricted personal information only to: | 12 | | (1) officers and employees of the Secretary who have a | 13 | | need to know that information; | 14 | | (2) other governmental agencies for use in their | 15 | | official governmental functions; | 16 | | (3) law enforcement agencies that need the information | 17 | | for a criminal or civil investigation; or | 18 | | (4) any entity that the Secretary has authorized, by | 19 | | rule, to receive this information. | 20 | | The Secretary may not disclose an individual's social | 21 | | security number or any associated information obtained from the | 22 | | Social Security Administration without the written request or | 23 | | consent of the individual except: (i) to officers and employees | 24 | | of the Secretary who have a need to know the social security | 25 | | number in the performance of their official duties; (ii) to law | 26 | | enforcement officials for a lawful civil or criminal law |
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| 1 | | enforcement investigation if the head of the law enforcement | 2 | | agency has made a written request to the Secretary specifying | 3 | | the law enforcement investigation for which the social security | 4 | | number is being sought; or (iii) under a lawful court order | 5 | | signed by a judge ; or (iv) to the Illinois Department of | 6 | | Veterans' Affairs for the purpose of confirming veteran status .
| 7 | | (Source: P.A. 93-895, eff. 1-1-05.)
| 8 | | Section 10. The Illinois Vehicle Code is amended by | 9 | | changing Sections 2-123, 6-106, and 6-110 as follows:
| 10 | | (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
| 11 | | Sec. 2-123. Sale and Distribution of Information.
| 12 | | (a) Except as otherwise provided in this Section, the | 13 | | Secretary may make the
driver's license, vehicle and title | 14 | | registration lists, in part or in whole,
and any statistical | 15 | | information derived from these lists available to local
| 16 | | governments, elected state officials, state educational | 17 | | institutions, and all
other governmental units of the State and | 18 | | Federal
Government
requesting them for governmental purposes. | 19 | | The Secretary shall require any such
applicant for services to | 20 | | pay for the costs of furnishing such services and the
use of | 21 | | the equipment involved, and in addition is empowered to | 22 | | establish prices
and charges for the services so furnished and | 23 | | for the use of the electronic
equipment utilized.
| 24 | | (b) The Secretary is further empowered to and he may, in |
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| 1 | | his discretion,
furnish to any applicant, other than listed in | 2 | | subsection (a) of this Section,
vehicle or driver data on a | 3 | | computer tape, disk, other electronic format or
computer | 4 | | processable medium, or printout at a fixed fee of
$250 for | 5 | | orders received before October 1, 2003 and $500 for orders | 6 | | received
on or after October 1, 2003, in advance, and require | 7 | | in addition a
further sufficient
deposit based upon the | 8 | | Secretary of State's estimate of the total cost of the
| 9 | | information requested and a charge of $25 for orders received | 10 | | before October
1, 2003 and $50 for orders received on or after | 11 | | October 1, 2003, per 1,000
units or part
thereof identified or | 12 | | the actual cost, whichever is greater. The Secretary is
| 13 | | authorized to refund any difference between the additional | 14 | | deposit and the
actual cost of the request. This service shall | 15 | | not be in lieu of an abstract
of a driver's record nor of a | 16 | | title or registration search. This service may
be limited to | 17 | | entities purchasing a minimum number of records as required by
| 18 | | administrative rule. The information
sold pursuant to this | 19 | | subsection shall be the entire vehicle or driver data
list, or | 20 | | part thereof. The information sold pursuant to this subsection
| 21 | | shall not contain personally identifying information unless | 22 | | the information is
to be used for one of the purposes | 23 | | identified in subsection (f-5) of this
Section. Commercial | 24 | | purchasers of driver and vehicle record databases shall
enter | 25 | | into a written agreement with the Secretary of State that | 26 | | includes
disclosure of the commercial use of the information to |
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| 1 | | be purchased. | 2 | | (b-1) The Secretary is further empowered to and may, in his | 3 | | or her discretion, furnish vehicle or driver data on a computer | 4 | | tape, disk, or other electronic format or computer processible | 5 | | medium, at no fee, to any State or local governmental agency | 6 | | that uses the information provided by the Secretary to transmit | 7 | | data back to the Secretary that enables the Secretary to | 8 | | maintain accurate driving records, including dispositions of | 9 | | traffic cases. This information may be provided without fee not | 10 | | more often than once every 6 months.
| 11 | | (c) Secretary of State may issue registration lists. The | 12 | | Secretary
of State may compile a list of all registered
| 13 | | vehicles. Each list of registered vehicles shall be arranged | 14 | | serially
according to the registration numbers assigned to | 15 | | registered vehicles and
may contain in addition the names and | 16 | | addresses of registered owners and
a brief description of each | 17 | | vehicle including the serial or other
identifying number | 18 | | thereof. Such compilation may be in such form as in the
| 19 | | discretion of the Secretary of State may seem best for the | 20 | | purposes intended.
| 21 | | (d) The Secretary of State shall furnish no more than 2 | 22 | | current available
lists of such registrations to the sheriffs | 23 | | of all counties and to the chiefs
of police of all cities and | 24 | | villages and towns of 2,000 population and over
in this State | 25 | | at no cost. Additional copies may be purchased by the sheriffs
| 26 | | or chiefs of police at the fee
of $500 each or at the cost of |
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| 1 | | producing the list as determined
by the Secretary of State. | 2 | | Such lists are to be used for governmental
purposes only.
| 3 | | (e) (Blank).
| 4 | | (e-1) (Blank).
| 5 | | (f) The Secretary of State shall make a title or | 6 | | registration search of the
records of his office and a written | 7 | | report on the same for any person, upon
written application of | 8 | | such person, accompanied by a fee of $5 for
each registration | 9 | | or title search. The written application shall set forth
the | 10 | | intended use of the requested information. No fee shall be | 11 | | charged for a
title or
registration search, or for the | 12 | | certification thereof requested by a government
agency. The | 13 | | report of the title or registration search shall not contain
| 14 | | personally identifying information unless the request for a | 15 | | search was made for
one of the purposes identified in | 16 | | subsection (f-5) of this Section. The report of the title or | 17 | | registration search shall not contain highly
restricted | 18 | | personal
information unless specifically authorized by this | 19 | | Code.
| 20 | | The Secretary of State shall certify a title or | 21 | | registration record upon
written request. The fee for | 22 | | certification shall be $5 in addition
to the fee required for a | 23 | | title or registration search. Certification shall
be made under | 24 | | the signature of the Secretary of State and shall be
| 25 | | authenticated by Seal of the Secretary of State.
| 26 | | The Secretary of State may notify the vehicle owner or |
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| 1 | | registrant of
the request for purchase of his title or | 2 | | registration information as the
Secretary deems appropriate.
| 3 | | No information shall be released to the requestor until | 4 | | expiration of a
10 day period. This 10 day period shall not | 5 | | apply to requests for
information made by law enforcement | 6 | | officials, government agencies,
financial institutions, | 7 | | attorneys, insurers, employers, automobile
associated | 8 | | businesses, persons licensed as a private detective or firms
| 9 | | licensed as a private detective agency under the Private | 10 | | Detective, Private
Alarm, Private Security, Fingerprint | 11 | | Vendor, and Locksmith Act of 2004, who are employed by or are
| 12 | | acting on
behalf of law enforcement officials, government | 13 | | agencies, financial
institutions, attorneys, insurers, | 14 | | employers, automobile associated businesses,
and other | 15 | | business entities for purposes consistent with the Illinois | 16 | | Vehicle
Code, the vehicle owner or registrant or other entities | 17 | | as the Secretary may
exempt by rule and regulation.
| 18 | | Any misrepresentation made by a requestor of title or | 19 | | vehicle information
shall be punishable as a petty offense, | 20 | | except in the case of persons
licensed as a private detective | 21 | | or firms licensed as a private detective agency
which shall be | 22 | | subject to disciplinary sanctions under Section 40-10 of the
| 23 | | Private Detective, Private Alarm, Private Security, | 24 | | Fingerprint Vendor, and Locksmith Act of 2004.
| 25 | | (f-5) The Secretary of State shall not disclose or | 26 | | otherwise make
available to
any person or entity any personally |
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| 1 | | identifying information obtained by the
Secretary
of State in | 2 | | connection with a driver's license, vehicle, or title | 3 | | registration
record
unless the information is disclosed for one | 4 | | of the following purposes:
| 5 | | (1) For use by any government agency, including any | 6 | | court or law
enforcement agency, in carrying out its | 7 | | functions, or any private person or
entity acting on behalf | 8 | | of a federal, State, or local agency in carrying out
its
| 9 | | functions.
| 10 | | (2) For use in connection with matters of motor vehicle | 11 | | or driver safety
and theft; motor vehicle emissions; motor | 12 | | vehicle product alterations, recalls,
or advisories; | 13 | | performance monitoring of motor vehicles, motor vehicle | 14 | | parts,
and dealers; and removal of non-owner records from | 15 | | the original owner
records of motor vehicle manufacturers.
| 16 | | (3) For use in the normal course of business by a | 17 | | legitimate business or
its agents, employees, or | 18 | | contractors, but only:
| 19 | | (A) to verify the accuracy of personal information | 20 | | submitted by
an individual to the business or its | 21 | | agents, employees, or contractors;
and
| 22 | | (B) if such information as so submitted is not | 23 | | correct or is no
longer correct, to obtain the correct | 24 | | information, but only for the
purposes of preventing | 25 | | fraud by, pursuing legal remedies against, or
| 26 | | recovering on a debt or security interest against, the |
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| 1 | | individual.
| 2 | | (4) For use in research activities and for use in | 3 | | producing statistical
reports, if the personally | 4 | | identifying information is not published,
redisclosed, or | 5 | | used to
contact individuals.
| 6 | | (5) For use in connection with any civil, criminal, | 7 | | administrative, or
arbitral proceeding in any federal, | 8 | | State, or local court or agency or before
any
| 9 | | self-regulatory body, including the service of process, | 10 | | investigation in
anticipation of litigation, and the | 11 | | execution or enforcement of judgments and
orders, or | 12 | | pursuant to an order of a federal, State, or local court.
| 13 | | (6) For use by any insurer or insurance support | 14 | | organization or by a
self-insured entity or its agents, | 15 | | employees, or contractors in connection with
claims | 16 | | investigation activities, antifraud activities, rating, or | 17 | | underwriting.
| 18 | | (7) For use in providing notice to the owners of towed | 19 | | or
impounded vehicles.
| 20 | | (8) For use by any person licensed as a private | 21 | | detective or firm licensed as a private
detective agency | 22 | | under
the Private Detective, Private Alarm, Private | 23 | | Security, Fingerprint Vendor, and Locksmith Act of
2004, | 24 | | private investigative agency or security service
licensed | 25 | | in Illinois for any purpose permitted under this | 26 | | subsection.
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| 1 | | (9) For use by an employer or its agent or insurer to | 2 | | obtain or verify
information relating to a holder of a | 3 | | commercial driver's license that is
required under chapter | 4 | | 313 of title 49 of the United States Code.
| 5 | | (10) For use in connection with the operation of | 6 | | private toll
transportation facilities.
| 7 | | (11) For use by any requester, if the requester | 8 | | demonstrates it has
obtained the written consent of the | 9 | | individual to whom the information
pertains.
| 10 | | (12) For use by members of the news media, as defined | 11 | | in
Section 1-148.5, for the purpose of newsgathering when | 12 | | the request relates to
the
operation of a motor vehicle or | 13 | | public safety.
| 14 | | (13) For any other use specifically authorized by law, | 15 | | if that use is
related to the operation of a motor vehicle | 16 | | or public safety. | 17 | | (f-6) The Secretary of State shall not disclose or | 18 | | otherwise make
available to any
person or entity any highly | 19 | | restricted personal information obtained by the
Secretary of
| 20 | | State in connection with a driver's license, vehicle, or
title | 21 | | registration
record unless
specifically authorized by this | 22 | | Code.
| 23 | | (g) 1. The Secretary of State may, upon receipt of a | 24 | | written request
and a fee of $6 before October 1, 2003 and | 25 | | a fee of $12 on and after October
1, 2003, furnish to the | 26 | | person or agency so requesting a
driver's record. Such |
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| 1 | | document may include a record of: current driver's
license | 2 | | issuance information, except that the information on | 3 | | judicial driving
permits shall be available only as | 4 | | otherwise provided by this Code;
convictions; orders | 5 | | entered revoking, suspending or cancelling a
driver's
| 6 | | license or privilege; and notations of accident | 7 | | involvement. All other
information, unless otherwise | 8 | | permitted by
this Code, shall remain confidential. | 9 | | Information released pursuant to a
request for a driver's | 10 | | record shall not contain personally identifying
| 11 | | information, unless the request for the driver's record was | 12 | | made for one of the
purposes set forth in subsection (f-5) | 13 | | of this Section. The Secretary of State may, without fee, | 14 | | allow a parent or guardian of a person under the age of 18 | 15 | | years, who holds an instruction permit or graduated | 16 | | driver's license, to view that person's driving record | 17 | | online, through a computer connection.
The parent or | 18 | | guardian's online access to the driving record will | 19 | | terminate when the instruction permit or graduated | 20 | | driver's license holder reaches the age of 18.
| 21 | | 2. The Secretary of State shall not disclose or | 22 | | otherwise make available
to any
person or
entity any highly | 23 | | restricted personal information obtained by the Secretary | 24 | | of
State in
connection with a driver's license, vehicle, or | 25 | | title
registration record
unless specifically
authorized | 26 | | by this Code. The Secretary of State may certify an |
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| 1 | | abstract of a driver's record
upon written request | 2 | | therefor. Such certification
shall be made under the | 3 | | signature of the Secretary of State and shall be
| 4 | | authenticated by the Seal of his office.
| 5 | | 3. All requests for driving record information shall be | 6 | | made in a manner
prescribed by the Secretary and shall set | 7 | | forth the intended use of the
requested information.
| 8 | | The Secretary of State may notify the affected driver | 9 | | of the request
for purchase of his driver's record as the | 10 | | Secretary deems appropriate.
| 11 | | No information shall be released to the requester until | 12 | | expiration of a
10 day period. This 10 day period shall not | 13 | | apply to requests for information
made by law enforcement | 14 | | officials, government agencies, financial institutions,
| 15 | | attorneys, insurers, employers, automobile associated | 16 | | businesses, persons
licensed as a private detective or | 17 | | firms licensed as a private detective agency
under the | 18 | | Private Detective, Private Alarm, Private Security, | 19 | | Fingerprint Vendor, and Locksmith Act
of 2004,
who are | 20 | | employed by or are acting on behalf of law enforcement | 21 | | officials,
government agencies, financial institutions, | 22 | | attorneys, insurers, employers,
automobile associated | 23 | | businesses, and other business entities for purposes
| 24 | | consistent with the Illinois Vehicle Code, the affected | 25 | | driver or other
entities as the Secretary may exempt by | 26 | | rule and regulation.
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| 1 | | Any misrepresentation made by a requestor of driver | 2 | | information shall
be punishable as a petty offense, except | 3 | | in the case of persons licensed as
a private detective or | 4 | | firms licensed as a private detective agency which shall
be | 5 | | subject to disciplinary sanctions under Section 40-10 of | 6 | | the Private
Detective, Private Alarm, Private Security, | 7 | | Fingerprint Vendor, and Locksmith Act of 2004.
| 8 | | 4. The Secretary of State may furnish without fee, upon | 9 | | the written
request of a law enforcement agency, any | 10 | | information from a driver's
record on file with the | 11 | | Secretary of State when such information is required
in the | 12 | | enforcement of this Code or any other law relating to the | 13 | | operation
of motor vehicles, including records of | 14 | | dispositions; documented
information involving the use of | 15 | | a motor vehicle; whether such individual
has, or previously | 16 | | had, a driver's license; and the address and personal
| 17 | | description as reflected on said driver's record.
| 18 | | 5. Except as otherwise provided in this Section, the | 19 | | Secretary of
State may furnish, without fee, information | 20 | | from an individual driver's
record on file, if a written | 21 | | request therefor is submitted
by any public transit system | 22 | | or authority, public defender, law enforcement
agency, a | 23 | | state or federal agency, or an Illinois local | 24 | | intergovernmental
association, if the request is for the | 25 | | purpose of a background check of
applicants for employment | 26 | | with the requesting agency, or for the purpose of
an |
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| 1 | | official investigation conducted by the agency, or to | 2 | | determine a
current address for the driver so public funds | 3 | | can be recovered or paid to
the driver, or for any other | 4 | | purpose set forth in subsection (f-5)
of this Section.
| 5 | | The Secretary may also furnish the courts a copy of an | 6 | | abstract of a
driver's record, without fee, subsequent to | 7 | | an arrest for a violation of
Section 11-501 or a similar | 8 | | provision of a local ordinance. Such abstract
may include | 9 | | records of dispositions; documented information involving
| 10 | | the use of a motor vehicle as contained in the current | 11 | | file; whether such
individual has, or previously had, a | 12 | | driver's license; and the address and
personal description | 13 | | as reflected on said driver's record.
| 14 | | 6. Any certified abstract issued by the Secretary of | 15 | | State or
transmitted electronically by the Secretary of | 16 | | State pursuant to this
Section,
to a court or on request of | 17 | | a law enforcement agency, for the record of a
named person | 18 | | as to the status of the person's driver's license shall be
| 19 | | prima facie evidence of the facts therein stated and if the | 20 | | name appearing
in such abstract is the same as that of a | 21 | | person named in an information or
warrant, such abstract | 22 | | shall be prima facie evidence that the person named
in such | 23 | | information or warrant is the same person as the person | 24 | | named in
such abstract and shall be admissible for any | 25 | | prosecution under this Code and
be admitted as proof of any | 26 | | prior conviction or proof of records, notices, or
orders |
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| 1 | | recorded on individual driving records maintained by the | 2 | | Secretary of
State.
| 3 | | 7. Subject to any restrictions contained in the | 4 | | Juvenile Court Act of
1987, and upon receipt of a proper | 5 | | request and a fee of $6 before October 1,
2003 and a fee of | 6 | | $12 on or after October 1, 2003, the
Secretary of
State | 7 | | shall provide a driver's record to the affected driver, or | 8 | | the affected
driver's attorney, upon verification. Such | 9 | | record shall contain all the
information referred to in | 10 | | paragraph 1 of this subsection (g) plus: any
recorded | 11 | | accident involvement as a driver; information recorded | 12 | | pursuant to
subsection (e) of Section 6-117 and paragraph | 13 | | (4) of subsection (a) of
Section 6-204 of this Code. All | 14 | | other information, unless otherwise permitted
by this | 15 | | Code, shall remain confidential.
| 16 | | (h) The Secretary shall not disclose social security | 17 | | numbers or any associated information obtained from the Social | 18 | | Security Administration except pursuant
to a written request | 19 | | by, or with the prior written consent of, the
individual | 20 | | except: (1) to officers and employees of the Secretary
who
have | 21 | | a need to know the social security numbers in performance of | 22 | | their
official duties, (2) to law enforcement officials for a | 23 | | lawful, civil or
criminal law enforcement investigation, and if | 24 | | the head of the law enforcement
agency has made a written | 25 | | request to the Secretary specifying the law
enforcement | 26 | | investigation for which the social security numbers are being
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| 1 | | sought, (3) to the United States Department of Transportation, | 2 | | or any other
State, pursuant to the administration and | 3 | | enforcement of the Commercial
Motor Vehicle Safety Act of 1986, | 4 | | (4) pursuant to the order of a court
of competent jurisdiction, | 5 | | (5) to the Department of Healthcare and Family Services | 6 | | (formerly Department of Public Aid) for
utilization
in the | 7 | | child support enforcement duties assigned to that Department | 8 | | under
provisions of the Illinois Public Aid Code after the | 9 | | individual has received advanced
meaningful notification of | 10 | | what redisclosure is sought by the Secretary in
accordance with | 11 | | the federal Privacy Act, (5.5) to the Department of Healthcare | 12 | | and Family Services and the Department of Human Services solely | 13 | | for the purpose of verifying Illinois residency where such | 14 | | residency is an eligibility requirement for benefits under the | 15 | | Illinois Public Aid Code or any other health benefit program | 16 | | administered by the Department of Healthcare and Family | 17 | | Services or the Department of Human Services, or (6) to the | 18 | | Illinois Department of Revenue solely for use by the Department | 19 | | in the collection of any tax or debt that the Department of | 20 | | Revenue is authorized or required by law to collect, provided | 21 | | that the Department shall not disclose the social security | 22 | | number to any person or entity outside of the Department , or | 23 | | (7) to the Illinois Department of Veterans' Affairs for the | 24 | | purpose of confirming veteran status .
| 25 | | (i) (Blank).
| 26 | | (j) Medical statements or medical reports received in the |
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| 1 | | Secretary of
State's Office shall be confidential. Except as | 2 | | provided in this Section, no confidential information may be
| 3 | | open to public inspection or the contents disclosed to anyone, | 4 | | except
officers and employees of the Secretary who have a need | 5 | | to know the information
contained in the medical reports and | 6 | | the Driver License Medical Advisory
Board, unless so directed | 7 | | by an order of a court of competent jurisdiction. If the | 8 | | Secretary receives a medical report regarding a driver that | 9 | | does not address a medical condition contained in a previous | 10 | | medical report, the Secretary may disclose the unaddressed | 11 | | medical condition to the driver or his or her physician, or | 12 | | both, solely for the purpose of submission of a medical report | 13 | | that addresses the condition.
| 14 | | (k) All fees collected under this Section shall be paid | 15 | | into the Road
Fund of the State Treasury, except that (i) for | 16 | | fees collected before October
1, 2003, $3 of the $6 fee for a
| 17 | | driver's record shall be paid into the Secretary of State | 18 | | Special Services
Fund, (ii) for fees collected on and after | 19 | | October 1, 2003, of the $12 fee
for a driver's record, $3 shall | 20 | | be paid into the Secretary of State Special
Services Fund and | 21 | | $6 shall be paid into the General Revenue Fund, and (iii) for
| 22 | | fees collected on and after October 1, 2003, 50% of the amounts | 23 | | collected
pursuant to subsection (b) shall be paid into the | 24 | | General Revenue Fund.
| 25 | | (l) (Blank).
| 26 | | (m) Notations of accident involvement that may be disclosed |
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| 1 | | under this
Section shall not include notations relating to | 2 | | damage to a vehicle or other
property being transported by a | 3 | | tow truck. This information shall remain
confidential, | 4 | | provided that nothing in this subsection (m) shall limit
| 5 | | disclosure of any notification of accident involvement to any | 6 | | law enforcement
agency or official.
| 7 | | (n) Requests made by the news media for driver's license, | 8 | | vehicle, or
title registration information may be furnished | 9 | | without charge or at a reduced
charge, as determined by the | 10 | | Secretary, when the specific purpose for
requesting the | 11 | | documents is deemed to be in the public interest. Waiver or
| 12 | | reduction of the fee is in the public interest if the principal | 13 | | purpose of the
request is to access and disseminate information | 14 | | regarding the health, safety,
and welfare or the legal rights | 15 | | of the general public and is not for the
principal purpose of | 16 | | gaining a personal or commercial benefit.
The information | 17 | | provided pursuant to this subsection shall not contain
| 18 | | personally identifying information unless the information is | 19 | | to be used for one
of the
purposes identified in subsection | 20 | | (f-5) of this Section.
| 21 | | (o) The redisclosure of personally identifying information
| 22 | | obtained
pursuant
to this Section is prohibited, except to the | 23 | | extent necessary to effectuate the
purpose
for which the | 24 | | original disclosure of the information was permitted.
| 25 | | (p) The Secretary of State is empowered to adopt rules
to
| 26 | | effectuate this Section.
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| 1 | | (Source: P.A. 96-1383, eff. 1-1-11; 96-1501, eff. 1-25-11; | 2 | | 97-229, eff. 7-28-11.)
| 3 | | (625 ILCS 5/6-106) (from Ch. 95 1/2, par. 6-106)
| 4 | | Sec. 6-106. Application for license or instruction permit.
| 5 | | (a) Every application for any permit or license authorized | 6 | | to be issued
under this Act shall be made upon a form furnished | 7 | | by the Secretary of
State. Every application shall be | 8 | | accompanied by the proper fee and payment
of such fee shall | 9 | | entitle the applicant to not more than 3 attempts to pass
the | 10 | | examination within a period of 1 year after the date of | 11 | | application.
| 12 | | (b) Every application shall state the legal name, social | 13 | | security
number, zip
code, date of birth, sex, and residence | 14 | | address of the applicant; briefly
describe the applicant; state | 15 | | whether the applicant has theretofore been
licensed as a | 16 | | driver, and, if so, when and by what state or country, and
| 17 | | whether any such license has ever been cancelled, suspended, | 18 | | revoked or
refused, and, if so, the date and reason for such | 19 | | cancellation, suspension,
revocation or refusal; shall include | 20 | | an affirmation by the applicant that
all information set forth | 21 | | is true and correct; and shall bear the
applicant's signature. | 22 | | In addition to the residence address, the Secretary may allow | 23 | | the applicant to provide a mailing address. The application | 24 | | form may
also require the statement of such additional relevant | 25 | | information as the
Secretary of State shall deem necessary to |
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| 1 | | determine the applicant's
competency and eligibility. The | 2 | | Secretary of State may, in his
discretion, by rule or | 3 | | regulation, provide that an application for a
drivers license | 4 | | or permit may include a suitable photograph of the
applicant in | 5 | | the
form prescribed by the Secretary, and he may further | 6 | | provide that each
drivers license shall include a photograph of | 7 | | the driver. The Secretary of
State may utilize a photograph | 8 | | process or system most suitable to deter
alteration or improper | 9 | | reproduction of a drivers license and to prevent
substitution | 10 | | of another photo thereon.
| 11 | | (c) The application form shall include a notice to the | 12 | | applicant of the
registration obligations of sex offenders | 13 | | under the Sex Offender Registration
Act. The notice shall be | 14 | | provided in a form and manner prescribed by the
Secretary of | 15 | | State. For purposes of this subsection (c), "sex offender" has
| 16 | | the meaning ascribed to it in Section 2 of the Sex Offender | 17 | | Registration Act.
| 18 | | (d) Any male United States citizen or immigrant who applies | 19 | | for any
permit or
license authorized to be issued under this | 20 | | Act or for a renewal of any permit
or
license,
and who is at | 21 | | least 18 years of age but less than 26 years of age, must be
| 22 | | registered in compliance with the requirements of the federal | 23 | | Military
Selective
Service Act.
The Secretary of State must | 24 | | forward in an electronic format the necessary
personal | 25 | | information regarding the applicants identified in this | 26 | | subsection (d)
to
the Selective Service System. The applicant's |
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| 1 | | signature on the application
serves
as an indication that the | 2 | | applicant either has already registered with the
Selective
| 3 | | Service System or that he is authorizing the Secretary to | 4 | | forward to the
Selective
Service System the necessary | 5 | | information for registration. The Secretary must
notify the | 6 | | applicant at the time of application that his signature | 7 | | constitutes
consent to registration with the Selective Service | 8 | | System, if he is not already
registered.
| 9 | | (e) For each original or renewal driver's license | 10 | | application under this Act, the Secretary shall inquire as to | 11 | | whether the applicant is a veteran for purposes of issuing a | 12 | | driver's license with a veteran designation under subsection | 13 | | (e-5) of Section 6-110 of this Chapter. The acceptable forms of | 14 | | proof shall include, but are not limited to, Department of | 15 | | Defense form DD-214. The Secretary shall determine by rule what | 16 | | other forms of proof of a person's status as a veteran are | 17 | | acceptable. | 18 | | For purposes of this subsection (e): | 19 | | "Active duty" means active duty under an executive order of | 20 | | the President of the United States, an Act of the Congress of | 21 | | the United States, or an order of the Governor. | 22 | | "Armed forces" means any of the Armed Forces of the United | 23 | | States, including a member of any reserve component or National | 24 | | Guard unit called to active duty. | 25 | | "Veteran" means a person who has served on active duty in | 26 | | the armed forces and was discharged or separated under |
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| 1 | | honorable conditions. | 2 | | (Source: P.A. 96-1231, eff. 7-23-10; 97-263, eff. 8-5-11.)
| 3 | | (625 ILCS 5/6-110) (from Ch. 95 1/2, par. 6-110)
| 4 | | Sec. 6-110. Licenses issued to drivers.
| 5 | | (a) The Secretary of State shall issue to every qualifying | 6 | | applicant a
driver's license as applied for, which license | 7 | | shall bear a
distinguishing
number assigned to the licensee, | 8 | | the legal name,
signature, zip
code, date of birth, residence | 9 | | address, and a brief description of the
licensee.
| 10 | | Licenses issued shall also indicate the classification and
| 11 | | the restrictions under Section 6-104 of this Code.
| 12 | | A driver's license issued may, in the discretion of the | 13 | | Secretary,
include a suitable photograph of a type prescribed | 14 | | by the Secretary.
| 15 | | (a-1) If the licensee is less than 18 years of age, unless | 16 | | one of the exceptions in subsection (a-2) apply, the license | 17 | | shall, as a matter of law, be invalid for the operation of any | 18 | | motor vehicle during the following times: | 19 | | (A) Between 11:00 p.m. Friday and 6:00 a.m. Saturday; | 20 | | (B) Between 11:00 p.m. Saturday and 6:00 a.m. on | 21 | | Sunday; and | 22 | | (C) Between 10:00 p.m. on Sunday to Thursday, | 23 | | inclusive, and 6:00 a.m. on the following day. | 24 | | (a-2) The driver's license of a person under the age of 18 | 25 | | shall not be invalid as described in subsection (a-1) of this |
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| 1 | | Section if the licensee under the age of 18 was: | 2 | | (1) accompanied by the licensee's parent or guardian or | 3 | | other person in custody or control of the minor; | 4 | | (2) on an errand at the direction of the minor's parent | 5 | | or guardian, without any detour or stop; | 6 | | (3) in a motor vehicle involved in interstate travel; | 7 | | (4) going to or returning home from an employment | 8 | | activity, without any detour or stop; | 9 | | (5) involved in an emergency; | 10 | | (6) going to or returning home from, without any detour | 11 | | or stop, an official school, religious, or other | 12 | | recreational activity supervised by adults and sponsored | 13 | | by a government or governmental agency, a civic | 14 | | organization, or another similar entity that takes | 15 | | responsibility for the licensee, without any detour or | 16 | | stop; | 17 | | (7) exercising First Amendment rights protected by the | 18 | | United States Constitution, such as the free exercise of | 19 | | religion, freedom of speech, and the right of assembly; or | 20 | | (8) married or had been married or is an emancipated | 21 | | minor under the Emancipation of Minors Act. | 22 | | (a-2.5) The driver's license of a person who is 17 years of | 23 | | age and has been licensed for at least 12 months is not invalid | 24 | | as described in subsection (a-1) of this Section while the | 25 | | licensee is participating as an assigned driver in a Safe Rides | 26 | | program that meets the following criteria: |
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| 1 | | (1) the program is sponsored by the Boy Scouts of | 2 | | America or another national public service organization; | 3 | | and | 4 | | (2) the sponsoring organization carries liability | 5 | | insurance covering the program. | 6 | | (a-3) If a graduated driver's license holder over the age | 7 | | of 18 committed an offense against traffic regulations | 8 | | governing the movement of vehicles or any violation of Section | 9 | | 6-107 or Section 12-603.1 of this Code in the 6 months prior to | 10 | | the graduated driver's license holder's 18th birthday, and was | 11 | | subsequently convicted of the offense, the provisions of | 12 | | subsection (a-1) shall continue to apply until such time as a | 13 | | period of 6 consecutive months has elapsed without an | 14 | | additional violation and subsequent conviction of an offense | 15 | | against traffic regulations governing the movement of vehicles | 16 | | or Section 6-107 or Section 12-603.1 of this Code.
| 17 | | (a-4) If an applicant for a driver's license or instruction | 18 | | permit has a current identification card issued by the | 19 | | Secretary of State, the Secretary may require the applicant to | 20 | | utilize the same residence address and name on the | 21 | | identification card, driver's license, and instruction permit | 22 | | records maintained by the Secretary. The Secretary may | 23 | | promulgate rules to implement this provision. | 24 | | (b) Until the Secretary of State establishes a First Person | 25 | | Consent organ and tissue donor registry under Section 6-117 of | 26 | | this Code, the Secretary of State shall provide a format on the |
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| 1 | | reverse of
each driver's license issued which the licensee may | 2 | | use to execute a document
of gift conforming to the provisions | 3 | | of the Illinois Anatomical Gift Act.
The format shall allow the | 4 | | licensee to indicate the gift intended, whether
specific | 5 | | organs, any organ, or the entire body, and shall accommodate | 6 | | the
signatures of the donor and 2 witnesses. The Secretary | 7 | | shall also inform
each applicant or licensee of this format, | 8 | | describe the procedure for its
execution, and may offer the | 9 | | necessary witnesses; provided that in so doing,
the Secretary | 10 | | shall advise the applicant or licensee that he or she is
under | 11 | | no compulsion to execute a document of gift. A brochure
| 12 | | explaining this method of executing an anatomical gift document | 13 | | shall be given
to each applicant or licensee. The brochure | 14 | | shall advise the applicant or
licensee that he or she is under | 15 | | no compulsion to execute a document of
gift, and that he or she | 16 | | may wish to consult with family, friends or clergy
before doing | 17 | | so. The Secretary of State may undertake additional efforts,
| 18 | | including education and awareness activities, to promote organ | 19 | | and tissue
donation.
| 20 | | (c) The Secretary of State shall designate on each driver's | 21 | | license issued
a space where the licensee may place a sticker | 22 | | or decal of the uniform
size as the Secretary may specify, | 23 | | which sticker or decal may indicate in
appropriate language | 24 | | that the owner of the license carries an Emergency
Medical | 25 | | Information Card.
| 26 | | The sticker may be provided by any person, hospital, |
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| 1 | | school,
medical group, or association interested in assisting | 2 | | in implementing
the Emergency Medical Information Card, but | 3 | | shall meet the specifications
as the Secretary may by rule or | 4 | | regulation require.
| 5 | | (d) The Secretary of State shall designate on each driver's | 6 | | license issued
a space where the licensee may indicate his | 7 | | blood type and RH factor.
| 8 | | (e) The Secretary of State shall provide
that each original | 9 | | or renewal driver's license issued to a licensee under
21 years | 10 | | of age shall be of a distinct nature from those driver's | 11 | | licenses
issued to individuals 21 years of age and older. The | 12 | | color designated for
driver's licenses for licensees under 21 | 13 | | years of age shall be at the
discretion of the Secretary of | 14 | | State.
| 15 | | (e-1) The Secretary shall provide that each driver's | 16 | | license issued to a
person under the age of 21 displays the | 17 | | date upon which the person becomes 18
years of age and the date | 18 | | upon which the person becomes 21 years of age.
| 19 | | (e-5) The Secretary of State shall designate a space on | 20 | | each original or renewal driver's license where, at the request | 21 | | of the applicant, the word "veteran" shall be placed. The | 22 | | veteran designation shall be available to a person identified | 23 | | as a veteran under subsection (e) of paragraph 6-106 of this | 24 | | Chapter who was discharged or separated under honorable | 25 | | conditions. | 26 | | (f) The Secretary of State shall inform all Illinois |
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| 1 | | licensed
commercial motor vehicle operators of the | 2 | | requirements of the Uniform
Commercial Driver License Act, | 3 | | Article V of this Chapter, and shall make
provisions to insure | 4 | | that all drivers, seeking to obtain a commercial
driver's | 5 | | license, be afforded an opportunity prior to April 1, 1992, to
| 6 | | obtain the license. The Secretary is authorized to extend
| 7 | | driver's license expiration dates, and assign specific times, | 8 | | dates and
locations where these commercial driver's tests shall | 9 | | be conducted. Any
applicant, regardless of the current | 10 | | expiration date of the applicant's
driver's license, may be | 11 | | subject to any assignment by the Secretary.
Failure to comply | 12 | | with the Secretary's assignment may result in the
applicant's | 13 | | forfeiture of an opportunity to receive a commercial driver's
| 14 | | license prior to April 1, 1992.
| 15 | | (g) The Secretary of State shall designate on a
driver's | 16 | | license issued, a space where the licensee may indicate that he | 17 | | or
she has drafted a living will in accordance with the | 18 | | Illinois Living Will
Act or a durable power of attorney for | 19 | | health care in accordance with the
Illinois Power of Attorney | 20 | | Act.
| 21 | | (g-1) The Secretary of State, in his or her discretion, may | 22 | | designate on
each driver's license issued a space where the | 23 | | licensee may place a sticker or
decal, issued by the Secretary | 24 | | of State, of uniform size as the Secretary may
specify, that | 25 | | shall indicate in appropriate language that the owner of the
| 26 | | license has renewed his or her driver's license.
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| 1 | | (h) A person who acts in good faith in accordance with the | 2 | | terms of
this Section is not liable for damages in any civil | 3 | | action or subject to
prosecution in any criminal proceeding for | 4 | | his or her act.
| 5 | | (Source: P.A. 96-607, eff. 8-24-09; 96-1231, eff. 7-23-10; | 6 | | 97-263, eff. 8-5-11.)
| 7 | | Section 99. Effective date. This Act takes effect January | 8 | | 1, 2013.
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